John Doe special prosecutor says he voted for Scott Walker in recall

The special prosecutor in the ongoing John Doe probe says he has nothing against Gov. Scott Walker's campaign and the conservative groups at the center of the investigation.

In fact, in a new court filing, former federal prosecutor Francis Schmitz opened up about his voting record to try to suggest that the investigation is nothing personal.

"I voted for Governor Scott Walker in Wisconsin's 2012 gubernatorial recall election," Schmitz said in a sworn declaration filed with the U.S. District Court on Tuesday.

This disclosure is intended to counter claims by conservative groups that they are being targeted by prosecutors because they backed the first-term Republican governor. Milwaukee County District Attorney John Chisholm, a Democrat, acknowledges in a separate filing that he initiated the investigation.

In his declaration, Schmitz acknowledged that he was once a member of the Republican Party. He said he took the step of joining the GOP "in connection with seeking the Presidential appointment as the United States Attorney" for the Milwaukee area after the 2002 election.

President George W. Bush eventually chose Steven Biskupic over Schmitz and another finalist. Biskupic now represents Walker's campaign in the current investigation. Schmitz said he now doesn't belong to any political party.

In addition, Schmitz said he was working for the U.S. Department of Justice during the furor over Act 10, Walker's signature legislation to restrict collective bargaining for state employees. Schmitz said he assisted local law enforcement investigating potential threats to Walker.

As for what he thinks of Act 10, Schmitz said it didn't affect him personally because he worked in the federal government.

"I generally supported the Governor's efforts to balance the State budget," Schmitz wrote.

Last year, Schmitz was named as special prosecutor to lead the five-county probe into whether Wisconsin Club for Growth and other conservative groups illegally coordinated their fundraising and spending with Walker's campaign during the rancorous recall elections.

In his filing, Schmitz said he didn't even know O'Keefe, his group or the other nonprofits at the center of the investigation, which was launched in September 2012.

"In my role as a special prosecutor, while I have sought input and counsel from others involved in the investigation, I have made the final decisions on what actions to take and the content of pleadings and other filings," Schmitz wrote.

Much of the rest of his seven-page filing has been redacted.

In a separate filing, Schmitz sought a protective order to prevent O'Keefe, Wisconsin Club for Growth or their lawyers from releasing any secret John Doe material that has been filed in the federal suit.

Specifically, the ex-prosecutor asked that none of this information be shared with the Kansas City, Mo., law firm of Graves Garrett, which he said is representing Wisconsin Club for Growth in the criminal case. It was not previously known who was represented by former U.S. Attorney Todd Graves' firm.

The judge has not yet acted on the request.

About Daniel Bice

Daniel Bice is a Watchdog columnist covering Wisconsin government and politics. His “No Quarter” column has won a National Headliner Award for best local interest column.